...was an oversight. In order to eliminate any confusion or ambiguity, Cardiac Science faxed Wenger a new backdated quote form with the FOB Factory condition removed and FOB Destination inserted. However, DGS rejected Cardiac Science's bid as not responsive to the IFB requirements. On November 27, 2001, DGS awarded the Contract to...Factory condition had been waived, there would have been nothing in Cardiac Science's bid to adequately assure DGS that Cardiac Science would meet the FOB Destination requirement of the Contract. With... superfluous. Furthermore, the FOB Factory condition in Quote No. 5329 was clearly inconsistent with the FOB Destination condition in Paragraph 18 of the General...

...destination as Omaha, Nebraska. The bill of lading for another contract dated April 10, 1972, and also FOB Coffeyville, Kansas, reflects shipment on a railroad car bound for Chicago, Illinois, which...Ferer in Omaha, Nebraska. One contract, dated February 16, 1973, and marked FOB Coffeyville, Kansas, provided that Aaron Ferer was to advise shipping instructions. A later bill of lading indicates the..., 2 L.Ed.2d 1283 (1958); and, because these cases involve contract disputes, whether the contracts have a substantial connection with the forum state...

...freight, as the contract was FOB Origin and not FOB Destination. Compare FAR 2.101 with FAR 52-247-34. In the FOB Origin contract, the government is responsible for paying freight costs...the freight price. Since this is a full service contract, and hence FOB Destination, freight is part of the cost to the contractor. The Court finds that while creative, Fire-Trol's Bid No. 2 simply...Astaris at a product price not to exceed the FOB Origin Plant price plus freight and the USDA Forest Service reimbursing Fire-Trol for the FOB destination base price of the product...

...whether Marathon was required to secure a storage tank for the slurry at its destination - the Magellan Terminal. Relying on Ohio statutory law, Marathon contends that because the Marathon Contract states...should not apply because the parties "otherwise agreed" twice. First, Noil contends there was an alternate agreement as to the FOB because the Marathon Contract states "FOB Buyer Facility" even though...: "FOB Buyer Facility." (Doc. No. 53 at 8-9). Noil contends that because of this alleged ambiguity, the Marathon Contract should be construed against its drafter, Marathon. While Noil is correct that...

..."FOB Destination." Hershey Canada contends that no modifications to the Quantity Contract were proposed after January 2006. Hershey Canada points out that the Conditions of Sale...judgment and breach of contract action against Hershey Canada, Inc. ("Hershey Canada"). Solae filed an Amended Complaint on May 11, 2007. (D.I. 23.) By its Complaint, Solae "seeks a determination of the...this agreement, which she referred to as contract "46044618," by email on January 20, 2006. Under the 2006 agreement, as under agreements reached in previous years, Mr. Kuehl would...

...dated March 13. 1) GOODS TO BE RENDERED FOB EAST PORT NEW YORK OR NEWARK DESTINATION BEIRUT ZONE FRANCH IN TRANSIT KUWAIT (emphasis added...changing the FOB designation. The Bill of Lading and Certificate of Origin (documents required to be presented under the letter of credit agreement) stated the destination as...SERVICE VANDALISM PROTECTION INSTRUMENT PANEL GUARD CAP LOCKS FOR FULL TANK HYDRAULIC TANK OIL FILTER AND RADIATOR FOR GOODS TO BE RENDERED FOB EAST PORT NEW YORK OR NEWARK DESTINATION BEIRUT ZONE...

.... 43-2 at 8).) Where the seller bears the risk and expense of transport, the delivery contract is generally FOB place of destination. U.C.C. § 2-319(1)(b). If Global was required to deliver the...shipment, the seller must "bear the expense and risk of putting them into the possession of the carrier," whereas when the term is FOB place of destination, the seller must "at his own expense and risk...them at destination, title passes to the buyer at the time and place of shipment; but (b) if the contract requires delivery at destination, title passes on...

...vest it with title as to the goods being manufactured, but rather gives the United States only a security interest over the property. He also points out that the contract provided for delivery FOB...must, that the properly pleaded facts set forth in the indictment are true. The indictment alleges that in 1987, the United States Department of Defense awarded a contract to Quality Manufacturing..., Inc. ("Quality"), a corporation owned and controlled by Ribas, for the manufacture of 1,692,120 pairs of military trousers. Under the terms of the contract, the government made periodical progress...

...), 2108, & 2319(1). When an agreement contains an FOB destination term, this is a delivery term in which the “seller must at his own expense and risk transport the goods to that [destination] and there tender delivery of [the goods].” Cal. U.C.C. § 2319(1)(b). In the absence of contrary language in the agreement, a contract for...FOB destination means “title [to the goods] does not pass until the..., PRDUMF 13. Some of the deals with Western Veg for Jared Sanders's grapes were consignment deals, while others were FOB. See DUMF 13; PRDUMF 13; J. Sanders Depo. 48:13-49:10. However, despite...

.... Instead, these contracts issued using the standard commercial items contract form. The line item descriptions even included the phrase "FOB: Destination," which is typically used for commercial items contracts. J.A. 31, 53. On the other hand, there were many indications that the contracts were for construction, not commercial items. For example, the contract line.... STOLL, Circuit Judge. Appeal from the Armed Services Board of Contract Appeals in Nos. 60686, 60687...Judge. K-Con, Inc. and the Army entered into two contracts for pre-engineered metal buildings. The Armed Services Board of Contract Appeals ("Board") held that bonding requirements were...

...contract because it required the machine to be delivered at a particular destination. The parties characterized the contract as free on board ("FOB") and Kingman contends that the parties understood... Kingman and Mach Mold dispute whether the shipping contract was destination or shipping contract. Kingman contends that it was a destination contract, meaning that title to the machine did not pass from Leading Edge or KM Industrial Supply until the machine was delivered to Mach Mold. Specifically, the shipping contract required the machine to be delivered at a particular location, in this case, Benton Harbor, Michigan. The parties all understood "FOB" to...contract existed because there was no written memorialization of the sales agreement, as required by the Statute of Frauds. Even assuming that the verbal sales agreement was valid, it was a destination...

...had been FOB place of destination, as contended by Liberty, there would have been a destination contract in which case Fort Worth Pipe would have borne the risk and expense of transporting the..."FOB Conroe" indicates a shipment contract in which Fort Worth Pipe is only required to bear the expense and risk of placing the goods in the possession of a carrier, and must give the buyer...and the doctrine of laches; finding that there was a contract between Liberty and Moore; and awarding attorney's fees to Moore. We affirm in part and reverse in part and remand...

...to my letter dated May 26, 1982. The referenced jobs will be shipped FOB destination...credits. He points to the contract provision which states the buildings are to be delivered `FOB jobsite' as supporting his claim to a credit for freight charges paid by him. Under the Uniform...Commercial Code, FOB destination does not mean that the seller is agreeing to pay for freight costs, but merely that the seller is accepting the risk to the goods during shipment. W.S. § 34-21-236 (1977...

...information in addition to any information required by the schedule contract”: free on board (FOB) delivery point (i.e., origin or destination); discount terms; delivery time or period of...contracting officer (“CO”), and thereafter brought a Contracts Dispute Act (“CDA”) claim before the Armed Services Board of Contract Appeals (“ASBCA”). Sharp alleged that because the Army failed to exercise...the entirety of the last option year under a delivery order, Sharp was entitled to premature discontinuance fees under its General Services Administration (“GSA”) schedule contract. The ASBCA...

... different grades of masterbatch, FOB destination, during the period July 31, 1973 through July 31, 1974. In early 1973, and shortly after the execution of the contract of...Company, alleging that defendant breached a contract by the terms of which defendant was to supply plaintiff Harrelson with a quantity of a product known as masterbatch (styrene-butadiene rubber), a..., and the contract in issue was negotiated by Walker for the benefit of Harrelson. Ashland Chemical Company (hereinafter "Ashland"), was at all times relevant to the instant litigation, an...

...within 30 days after delivery). See Contract. The delivery terms were "F.O.B. destination" (i.e. , the buyer would take title only upon delivery...clear on this point. It provides that delivery is "for FOB destination unless block is marked," and then there is a check box (which is checked) reading "see schedule." The attached schedule, however...contract to provide this quantity of MGO, worth an estimated $17,284,750, to "Battell"/ "DLA." See JSF Ex. 13 ("Contract"); JSF ¶ 56. The payment terms were net 30 days (i.e. , payment was due...

.... The Contract itself is not perfectly clear on this point. It provides that delivery is "for FOB destination unless block is marked," and then there is a check box (which is...terms were net 30 days (i.e., payment was due within 30 days after delivery). See Contract. The delivery terms were "F.O.B. destination" (i.e., the buyer would take.... Ultimately, on November 21, 2013, World Fuel signed a contract to provide this quantity of MGO, worth an estimated $17,284,750, to "Battell"/"DLA." See JSF Ex. 13 ("Contract"); JSF ¶ 56. The payment...

.... MO. STAT. ANN. § 400.2-319(b)(1994). As a destination contract Canfor retained title to, and control over, the goods until the goods were delivered. MO. STAT. ANN. § 400.2-401(2)(b); see also Black's Law Dictionary 642 (6th ed. 1990) ("Free on board some location (for example, FOB shipping...shipped lumber to Payless by destination contract. All invoices provided that the goods were being shipped F.O.B. Payless's facilities. A destination contract is one in which the seller bears the expense...point; FOB destination). A delivery term which requires a...

..., INC. (CONTRACTOR) and MOBIL OIL CORPORATION (COMPANY) TO INCLUDE: Disposal of Caustic Wastes at a cost of $2.94 per Bbl., FOB destination. Destination... DIES, Chief Justice. Conservation Service, Inc. (CSI), entered into a written contract with Mobil Oil Corporation (Mobil) in which CSI was to dispose of waste generated from Mobil's...Beaumont Refinery and Magpetco Terminal. That contract, styled BM-76515/BM-77526 (Amendment 2), was valid from January 31, 1977, through March 31, 1978. Effective November 10, 1977, said Amendment 2...

...FOB New Orleans, La. April, May, June 1950 8¢ per gallon FOB New Orleans, La. 7/1/50 to 9/1/50 Destination: various R.R. Delivery...(appellant) of a contract for the sale of molasses. Jurisdiction was based on diversity of citizenship and amount in controversy, the plaintiff being a citizen of the State of Missouri, and the defendant...a Pennsylvania corporation with executive offices in Oreland, Pennsylvania. The claim upon which the plaintiff's action was based was that he had a written contract with the...